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Maltese Laws |
DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT
To make provision for certain immunities and privileges of diplomatic and consular representatives, international organizations and representatives thereof and certain other persons and for purposes incidental to or connected with the matters aforesaid.
ACT I of 1966, as amended by Acts XIV of 2000 and III of 2004.
14th January, 1966
ARRANGEMENT OF ACT
Articles
Part I. Preliminary 1-2
Part II. Diplomatic Immunities and Privileges 3-4
Part III. International Organizations and Persons Connected
Therewith 5-7
Part IV. General 8-12
Part V. Miscellaneous Provisions 13
SCHEDULES
First Schedule Art i cl es of t h e Vi e n n a Co n v en t i o n on Di pl om ati c
Relations having the Force of Law in Malta
Second Schedule Internationa l Orga niz a tion a n d Persons Connecte d
Therewith
Part I. Immunities and Privileges of the Organization
Part II. Immuni ties and Privil eges of High Of fic e rs, Re p r e s en ta ti ve s, Me m b e r s of Co mm it t e e s an d Persons on Missions
Part III. Immunities and Priv ileges of Other Of ficers and
Servants
Part IV. Immuniti es and P r ivil eges of Official St aff and of
High Officer ’s Family
PART I
PRELIMINARY
Title. 1. The title of this Act is Diplomatic Immunities and
Privileges Act.
Interpretation. 2. (1) In this Act, unless the context otherwise requires -
"consular officer" means any person appointed as consul-general, con s u l , vice-consul or consular ag ent by a foreign
S t ate and holding a valid exequatur or other authorization to act in Malta in that capacity;
"consular employee" means any person, other than a consular officer, employed in the administrative or technical service
of a consular post;
"consular post" means any consulate-general, consulate, vice- consulate or consular agency;
"Malta" has the same meaning as is assigned to it by article 124 of the Constitution of Malta;
"members of a consular post" means consular officers, consular emp l oy ees and person s em plo y ed i n t h e do mesti
c serv ice of a consular post;
"the Minister" means the Minister for the time being responsible for external affairs.
(2) References in this Act to "consular officer", "consular employees" and "members of a consular
post" shall be construed as
including references to persons in the servic e of any
Commonwealth country other than Malta holding such offices or classes of offices as may be specified by the Minister by notice in
the Govern m e nt Gazette being of fices o r classes of of fi ces
appearing to the Minister to involve the perform ance of du ties substantially corresponding to those which, in the case of a foreign
S t ate, w oul d be perf ormed by consu l ar o f ficers, con s ular
employe e s and members of a c onsul ar po st respectivel y and references to "consular post" shall be construed accordingly.
(3) The Minister may compile a list of Commonwealth countries for the purposes of this Act and shall cause such list
and any amendm ent of such li st or am ended l ist to b e publ ish ed by notice in the Government Gazette.
PART II
Application of the Vienna Convention on Diplomatic Relations.
DIPLOMATIC IMMUNITIES AND PRIVILEGES
(2) In those Articles -
"agents of the receiving State" shall be construed as including any member of the Malta Police Force and any person exercising
a power of entry to any premises under any law;
"the receiving State" shall be construed as meaning Malta;
"national of the receiving State" shall be construed as meaning citizen of Malta.
(3) For the purpose of Article 32 a waiver by the head of the mission of any State or any person for the time being performing
his functions shall be deemed to be a waiver by that State.
(4) Articles 35, 36 and 40 shall be construed as granting any privilege or immunity which they require to be granted.
(5) The references in Articles 37 and 38 to the extent to which any privileges and immunities are admitted by the receiving State
and to additional privileges and immunities that may be granted by the receiving State shall be construed as referring respectively
to the extent to which any privileges and immunities may be specified by the Minister by order published in the Government Gazette
and to a n y a d d i t i o n a l p r iv il eg es and im m u ni ti es t h at ma y be so specified.
4. Without in any way limiting the privileges and immunities conferred o n co nsu l ar offi cers and consular emplo y ees b y the Consular
Conventions Act, and subject to the provisions of the pr esent Act, the Minister may by order, to the extent specified therein, exempt members
of a consular post and members of their families from taxes, duties, rates, fees or other dues levied by the Government of Malta
or a local authority:
Provided that this article -
(a) shall not apply to any member of a consular post who is a citizen of Malta or is permanently resident in Malta; and
(b) shall not affect any power to grant exemption as aforesaid under any other law.
Consular privileges and immunities. Cap. 144.
PART III
INTERNATIONAL ORGANIZATIONS AND PERSONS CONNECTED THEREWITH
(a) to any organization which the Minister may by order declare to be an organization of which Malta or the Government thereof and
one or more other States or the government or governments thereof are members;
(b) to the European Investment Bank; and
(c) to any organization which the House of
Immunities, privileges and capacities of certain international organizations. Amended by: XIV. 2000.2.
Representatives may by Resolution declare to be an organization with which Malta, or the government thereof, will be establishing
or has already established a contractual relationship.
(2) The Minister may from time to time by order -
(a) provide that any organization to which this article applies (hereinafter referred to as "the organization")
shall, to such extent as may be specified in the order, have the immunities and privileges set out in Part I of the Second Schedule
to this Act and shall also have the legal capacities of a juridical person;
(b) confer upon -
(i) any persons who are representatives (whether of governments or not) on any organ of the organization or are members
of any committee of the organization or of any organ thereof;
(ii) such officers or classes of officers of the organization as may be specified in the order, being the holders
of such high offices in the organization as may be so specified; and
(iii) such persons employed on missions on behalf of the organization as may be specified in the order,
to such extent as may be specified in the order, the immunities and privileges set out in Part II of the Second Schedule
to this Act;
(c) confer upon such other classes of officers and servants of the organization as may be specified in the order, to such extent as
may be so specified, the immunities and privileges set out in Part III of the Second Schedule to this Act;
and Part IV of the Second Schedule to this Act shall have effect for the purpose of extending to the staffs of such representatives
and members as are mentioned in sub-paragraph (i) of paragraph (b) of this sub-article and to the families of officers of the organization, any immunities and privileges conferred on the representatives,
members or officers under that paragraph, except in so far as the operation of the said Part IV is excluded by the order conferring
the immunities and privileges.
(3) An order made under this article may, notwithstanding any pr ovisio n of any wr itten law, inclu ding this Act , con fer o
n any organi zation or pe rson any immunities or privileges which are required to be conferred on that organization or person in
order to give effect to any international agreement in that behalf but shall not confer any immunities or privileges greater in extent
than those so required as aforesaid or confer any immunity or privilege upon any person as the representative of the Government of
Malta or as a member of the staff of such a representative.
(2) Every list or amendment thereof published under this article s h all include a stateme n t of th e d a te fr om w h ich t h e l i st or amendment, as the case may be, takes or took effect.
Power to confer immunities and privileges on certain persons. Amended by:
III. 2004.56.
Immunities and privileges of representatives attending international conferences.
PART IV
GENERAL
(a) children under the age of eighteen years of a person so entitled; and
(b) any person whose name appears on a list published under article 7 of this Act,
and he shall from time to time amend the list and shall cause the list and any amendment of such list or amended list to be published
in the Government Gazette.
Minister to publish lists.
Evidence.
Waiver.
perfo rmi ng the functions of a consular officer may waiv e any immunity or privilege conferred under the provisions of this Act on
him or on another member of the consular post of which for the time being he is in charge and such waiver shall be express and shall
be communicated to the Government of Malta in writing.
(2) Any immunity or privilege conferred under the provisions of articles 5, 6 and 7 of this Act may be waived in such manner as
may be prescribed by the Minister in the relative order or notice.
Provisions relating to exemptions from taxes, duties, etc.
(2) Any exemption from customs duty granted to any person by or under this Act shall not be construed as exempting that person
from compliance with the formalities in respect of the importation of goods which are prescribed in any law relating to customs or
the importation of goods.
(3) Any exemption from taxes, duties, rates, fees or other dues to which this Act relates shall be subject to compliance with such
conditions as the Minister responsible for finance or any public officer delegated by him in that behalf may prescri b e for th
e protection of the revenue.
Restriction of immunities and privileges.
(2) Nothing in this Act shall be construed as precluding the Minister from declining to accord immunities or privileges to, or wi thd r awin g immu nit i es or pr ivi l eges f r om, nati onals or representatives of any State on the ground that the State is failing to accord corresponding immunities or privileges to citizens or representatives of Malta.
PART V
MISCELLANEOUS PROVISIONS
13. Where there is any conflict or inconsistency between any provi sio n o f th is A c t or of an y order or n o t i ce mad e o r issued thereunder and any provision of any other written law other than the Consular Conventions Act, then the provision of this Act or of the order or notice made or issued thereunder shall prevail, and the provision of that written law shall, to the extent of the conflict or inconsistency, have no effect.
Cases of conflict or inconsistency.
Cap. 144.
FIRST SCHEDULE [ARTICLE 3]
ARTICLES OF THE VIENNA CONVENTION ON DIPLOMATIC RELATIONS HAVING THE FORCE OF
LAW IN MALTA
ARTICLE 1
For the purpose of the present Convention, the following expressions shall have the meanings hereunder assigned to them:
(a) the "head of the mission" is the person charged by the sending State with the duty of acting in that capacity;
(b) the "members of the mission" are the head of the mission and the members of the staff of the mission;
(c) the "members of the staff of the mission" are the members of the diplomatic staff, of the administrative
and technical staff and of the service staff of the mission;
(d) the "members of the diplomatic staff " are the members of the staff of the mission having diplomatic rank;
(e) a "diplomatic agent" is the head of the mission or a member of the diplomatic staff of the mission;
(f) the "members of the administrative and technical staff" are the members of the staff of the mission employed in the
administrative and technical service of the mission;
(g) the "members of the service staff " are the members of the staff of the mission in the domestic service of the mission;
(h) a "private servant" is a person who is in the domestic service of a member of the mission and who is not an
employee of the sending State;
(i) the "premises of the mission" are the buildings or parts of buildings and the land ancillary thereto, irrespective
of ownership, used for the purposes of the mission including the residence of the head of the mission.
ARTICLE 22
State may not enter them, except with the consent of the head of the mission.
ARTICLE 24
The archives and documents of the mission shall be inviolable at any time and wherever they may be.
ARTICLE 27
6. The sending State or the mission may designate diplomatic couriers ad hoc. In such cases the provisions of paragraph 5 of this Article shall also apply, except that the immunities therein mentioned shall cease to apply when such a courier has delivered to the consignee the diplomatic bag in his charge.
ARTICLE 28
The fees and charges levied by the mission in the course of its official duties shall be exempt from all dues and taxes.
ARTICLE 29
The person of a diplomatic agent shall be inviolable. He shall not be liable to any form of arrest or detention. The receiving State shall treat him with due respect and shall tak e al l appr opri at e st ep s to pr ev ent any attack on his person, freedom or dignity.
ARTICLE 30
Article 31, his property, shall likewise enjoy inviolability.
ARTICLE 31
(a) a real action relating to private immovable property situated in the territory of the receiving State, unless he
holds it on behalf of the sending State for the purposes of the mission;
(b) an action relating to succession in which the diplomatic agent is involved as executor, administrator, heir or legatee
as a private person and not on behalf of the sending State;
(c) an action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State
outside his official functions.
3. No measures of execution may be taken in respect of a diplomatic agent except in the cases coming under sub-paragraphs (a), (b) and (c) of paragraph 1 of this Article, and provided that the me asures concerned can be tak e n without infringing the inviolability of his person or of his residence.
State does not exempt him from the jurisdiction of the sending State.
ARTICLE 33
(a) that they are not nationals of or permanently resident in the receiving
State; and
(b) that they are covered by the social security provisions which may be in force in the sending State or a third State.
ARTICLE 34
A diplomatic agent shall be exempt from all dues and taxes, personal or real, national, regional or municipal, except:
(a) indirect taxes of a kind which are normally incorporated in the price of goods or services;
(b) dues and taxes on private immovable property situated in the territory of the receiving State, unless he holds it on behalf of
the sending State for the purposes of the mission;
(c) estate, succession or inheritance duties levied by the receiving State,
subject to the provisions of paragraph 4 of Article 39;
(d) dues and taxes on private income having its source in the receiving State and capital taxes on investments made in commercial
undertakings in the receiving State;
(e) charges levied for specific services rendered;
(f) registration, court or record fees, mortgage dues and stamp duty, with respect to immovable property, subject to the provisions
of Article 23.
ARTICLE 35
The receiving State shall exempt diplomatic agents from all personal services, from all public service of any kind whatsoever, and from military obligations such as those connected with requisitioning, military contributions and billeting.
ARTICLE 36
(a) articles for the official use of the mission;
(b) articles for the personal use of a diplomatic agent or members of his family forming part of his household, including articles
intended for his establishment.
ARTICLE 37
permanently resident in the receiving State shall enjoy immunity in respect of acts perform ed in the course of their duties, exemption from dues and taxes on the em olum ents they recei v e by reason of the i r employme n t and the exemption contained in Article 33.
ARTICLE 38
ARTICLE 39
ARTICLE 40
4. The obligations of third States under paragraphs 1, 2 and 3 of this Article shall also apply to the persons mentioned respectively in those paragraphs, and to official communications and diplomatic bags, whose presence in the territory of the third State is due to force majeure.
SECOND SCHEDULE
[Article 5]
INTERNATIONAL ORGANIZATION AND PERSONS CONNECTED THEREWITH
PART I
IMMUNITIES AND PRIVILEGES OF THE ORGANIZATION
PART II
IMMUNITIES AND PRIVILEGES OF HIGH OFFICERS, REPRESENTATIVES, MEMBERS OF
COMMITTEES AND PERSONS ON MISSIONS
PART III
IMMUNITIES AND PRIVILEGES OF OTHER OFFICERS AND SERVANTS
PART IV
IMMUNITIES AND PRIVILEGES OF OFFICIAL STAFF AND OF HIGH
OFFICER ’S FAMILY
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